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Presentation tort
- Module
- Tort
- Institution
- The University Of Huddersfield (UoH)
Discusses case law, summaries facts
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Negligence: Duty of Care• Objectives:
1. To outline the three elements that a claimant
must prove to successfully bring an action in
negligence
2. To understand the current approach in ‘novel’
situations.
3. To consider some of the issues involved in
establishing whether the defendant is
responsible for harm suffered by the claimant.
4. To discuss the role of policy considerations
, Negligence: Duty of care
• Negligence = Breach of a duty to take
care which results in harm to the
claimant.
• The claimant must show
1. Duty of care
2. Breach of duty
3. The harm suffered was a direct and
foreseeable result of the breach
, Donoghue v. Stevenson [1932] AC
562
“You must take reasonable care to avoid acts or
omissions which you can reasonably foresee
would be likely to injure your neighbour.
Who then in law is my neighbour?
The answer seems to be –persons who are so
closely and directly affected by my act that I
ought reasonably to have them in
contemplation as being so affected when I am
directing my mind to the acts or omissions in
question.”
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